United States v. Toole

United States District Court, Second Circuit

November 7, 2013

UNITED STATES OF AMERICA, Plaintiff,v.ALGERNON TOOLE, Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Defendant Algernon Toole's ("Toole") motion (Dkt. #410) for reconsideration of his sentence based on a recent United States Supreme Court decision, Alleyne v. United States, decided June 17, 2013, is in all respects denied. Alleyne does not affect the judgment and sentence of Toole and, even if it did, there is no basis to retroactively apply the Alleyne decision which was decided many years subsequent to Toole's conviction after trial and sentence. See United States v. Redd, 2013 U.S. App. LEXIS 22423, 2d Cir. November 5, 2013).

IT IS SO ORDERED.

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